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randyrand 2 hours ago

I'm not sure what a right to water really means.

A lot of rural cities don't even provide water. People have wells and you pay for them yourself.

aesh2Xa1 14 minutes ago | parent | next [-]

Framing the lawsuit as a demand for free water or to create new amendments is actually absurd.

In this case, the plaintiffs did not claim a constitutional "right to water." They claimed a violation of the *existing 14th Amendment's Due Process.

Some of *this case's judges agreed with this view. They directly cited the 2019 ruling from Flint, Michigan: a government knowingly pumping lead into homes while lying about public safety is an outrageous, conscience-shocking violation of the Constitution.

The Fourteenth Amendment protects bodily integrity. This means the government cannot actively harm your physical body without due process of law to enact that bodily harm against you.

- Officials altered the water supply and ignored treatment failures, making the tap water toxic.

- Officials knowingly lied to residents that the water was safe.

- This deception induced residents to drink poisoned water and ingest lead.

- Deliberately poisoning citizens and covering it up violates bodily integrity.

EDIT: The dissent begins on page 14 if you want to see the complete analysis:

https://www.ca5.uscourts.gov/opinions/pub/24/24-60370-CV1.pd...

OJFord 2 hours ago | parent | prev | next [-]

I suppose it means that has to be available to you somehow, the easiest example perhaps being that if you're renting in such a place, the landlord is obligated to ensure access.

wood_spirit an hour ago | parent | prev | next [-]

Imagine your well becomes contaminated. That might be natural, or it might be caused by eg fracking. If the latter, do you have any rights and recourse and does it make a difference if the poisoner is state, federal or private?

(I’m curious of my own situation as a European with my own well and also not so far from a well documented case against the government because their airbase fire fighting had contaminated groundwater with PFAS.)

passwordreset 2 hours ago | parent | prev | next [-]

I think it's covered under that "right to life" section of the Constitution. Deliberately poisoning people through their water supply seems like a sure-fire way to deny the right to life of your citizens.

TFNA 18 minutes ago | parent | next [-]

As the other poster mentions, "Life, liberty and the pursuit of happiness" is not from the Constitution but from the Declaration of Independence. As much as it might be part of American civic lore, the Declaration of Independence is not legally binding, it is a product from two whole legal regimes before our current one was founded.

defrost an hour ago | parent | prev | next [-]

It hasn't counted when it's "accidental" - eg: pretty much all of the US uranium leach well mining resulted in tainted water in a "yeah we know, but don't care" process.

Also radioactive tailings dam collapses and hard rock mining consequences:

On Poisoned Ground

  The largest accidental release of radioactivity in the United States did not occur in 1979 at Three-Mile Island. That very same year a collapsing dam released a flood of radioactive debris into the Navajo Nation.
~ https://www.sciencehistory.org/stories/magazine/on-poisoned-...

'We didn't know we were poisoning ourselves': the deadly legacy of the US uranium boom

  Tsosie was one of thousands of Navajos who took jobs in the mines, starting in the 1940s. They worked without masks or ventilation to disperse the lethal radon gas, and they were never told the rocks they were handling – leetso in the Diné language, or yellow dirt – were deadly.
~ https://www.theguardian.com/world/2023/nov/20/navajo-dine-ur...
ButlerianJihad an hour ago | parent | prev [-]

> that "right to life" section of the Constitution

The US Constitution? Perhaps you are thinking of the Declaration of Independence?

Or the Fifth Amendment, formulating it in the negative: https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_...

I believe it is important for us to consider where rights derive from. The Constitution and Bill of Rights are designed to protect rights that humans already have ("endowed by their Creator") and prevent the government from taking them away, or infringing on them. The law can grant ordinary civil rights, above and beyond intrinsic human rights, but if the Constitution isn't protecting the latter, then there is a problem.

bamboozled 26 minutes ago | parent | prev | next [-]

If the ground water is contaminated with industrial waste ?

pvaldes an hour ago | parent | prev | next [-]

> I'm not sure what a right to water really means.

Right to safe water. It means that the water in your kitchen faucet is expected/guaranteed to be safe to drink.

It must not have: noxious bacteria causing diarrhea, or liver parasite eggs, or mud, or mercury/heavy metals, or remains of faeces, or fracking methane, or pesticides, or medicines, or obesogens [1].

It must had been professionally filtered and treated to assure that none of those reach your home.

If you pay for water classified as "drinking water", you should not receive grey water, soapy bubbles, oily mud or anything else. This is the standard in all first country nations and I assume that it should be the same in US.

[1] And if in your small town everybody is obese, before to blame everybody for eating too much, or being lazy couch potatos, look for chemicals in the drinking water, leading to a broken satiety system, causing people to eat huge amounts of food. This is why the right to have safe drinking water is so important.

JuniperMesos 38 minutes ago | parent [-]

> And if in your small town everybody is obese, before to blame everybody for eating too much, or being lazy couch potatos, look for chemicals in the drinking water, leading to a broken satiety system, causing people to eat huge amounts of food. This is why the right to have safe drinking water is so important.

I don't think there's any reason to assume that obesity is caused by any specific chemical found in some but not all drinking water, in such a way that explains differences in obesity rates. If that were the case we probably would've figured that out by now and would be systematically treating drinking water to remove that chemical.

exe34 2 hours ago | parent | prev | next [-]

The first paragraph of tfa:

> lawsuit against the city of Jackson, Mississippi, which alleged the city knowingly let residents drink lead-contaminated water.

The "right" here is about other people not contaminating your well for their profit. You don't have that right. They can contaminate your well for their profit and you have to find another source of water at your own cost.

latexr 2 hours ago | parent | prev | next [-]

Could we please not? In the first sentence of the article:

> (…) alleged the city knowingly let residents drink lead-contaminated water.

Knowingly let residents drink unsafe water. Surely you can see an issue there? Can we please make a collected effort to comment beyond the title?

If you don’t know what “a right to safe water” means, then could you please do a web search to try to be minimally informed about the matter before commenting? Took me two seconds to find a UN page.

https://www.unwater.org/water-facts/human-rights-water-and-s...

Again, on the first sentence, in bold:

> Access to water and sanitation are recognized by the United Nations as human rights – fundamental to everyone’s health, dignity and prosperity.

And on the second paragraph:

> Governments must take a human rights-based approach (HRBA) to water and sanitation improvements

There’s your right to water. It means that because it’s something fundamental to human life, nations have an (at a minimum moral, often legal) obligation to provide it or protect access to it to everyone under them that lacks it.

Just for good measure, here’s the Wikipedia page on Human Rights too.

https://en.wikipedia.org/wiki/Human_rights

Again, the first sentence already explains a lot.

randyrand an hour ago | parent [-]

It needs more qualifications IMO. "reasonable access" perhaps? I mean how would you handle someone who drives their car into the desert or climbs to the top of a mountain and demands water?

latexr 30 minutes ago | parent [-]

> It needs more qualifications IMO.

What it needs is for us to not make up extreme scenarios to excuse not handling the obvious ones, which are extensively covered in the sources I linked you to. Obviously “reasonable” is implied; “unreasonable” is, by definition, absurd. We can only do what’s within our means.

That’s the thought behind the “Could we please not?”. Who, exactly, are those the people in your scenarios in the proverbial middle of nowhere going to “demand” water from? That is obviously not the same thing as not caring for the infrastructure under your control or letting people knowingly be contaminated.

cumshitpiss 2 hours ago | parent | prev [-]

[dead]